Table of Contents
- What Is Domestic Violence in UAE?
- Types of Domestic Violence in UAE
- Who Can File Domestic Violence Case in UAE?
- Family Members Covered Under Domestic Violence Law
- Can a Husband File Domestic Violence Case Against Wife in UAE?
- How to File Domestic Violence Case in Dubai, UAE
- Domestic Violence Punishment in UAE Law
- Protection Orders in UAE – How to Get Restraining Order
- Domestic Violence and Divorce in UAE
- Child Custody in Domestic Violence Cases in UAE
- False Domestic Violence Accusation in UAE – Legal Consequences
- Punishment for False Domestic Violence Case
- What To Do If Falsely Accused
- Timeline of Domestic Violence Case in UAE
- Legal Rights of Victims of Domestic Violence in UAE
- Conclusion – Domestic Violence Law in UAE
- Frequently Asked Questions – Domestic Violence Laws in UAE
Domestic violence is one of the serious criminal offences in the UAE and the law gives great legal Lawyer protection in dubai to victims and punishes the offenders harshly. Domestic violence in the UAE is not handled as a family issue, it is regarded as a crime and it could be investigated by the police, taken to Dubai criminal court, family court, divorce court, child custody, and even protection order cases.
Some of the topics that many individuals seek to know include domestic violence punishment in UAE, filing domestic violence case in UAE, evidence needed in domestic violence case UAE, protection orders UAE, police procedure in domestic violence UAE, and divorce on basis of domestic violence UAE. All these legal aspects are described in a single guide in this article.
This guide describes the law of domestic violence in UAE, the rights of the victims of domestic violence, punishment of domestic violence, the court procedure, the police process, the protection order, the divorce, and the false domestic violence accusations in UAE.
What Is Domestic Violence in UAE?
In UAE, domestic violence encompasses any action of one family member, which causes physical, psychological, sexual, or financial damage to another member of the family. The law in UAE acknowledges that domestic abuse does not only occur in the form of physical harm but also in the form of emotional abuse, intimidation, financial abuse, harassment, and coercion.
What Is Considered Domestic Violence in UAE?
UAE domestic violence has a wide definition and it is not merely limited to physical injury. According to the UAE, any type of act of violence perpetrated by a member of a family or a domestic relationship that inflicts physical, psychological, emotional, sexual, or financial damage may be considered domestic violence.
The legislation is intended to safeguard people against any type of abuse whether apparent or not, and the legislation is aware that abuse can be inflicted in various forms in a family.
The most important types of domestic violence in the UAE are as follows:
Physical Abuse
One of the most well-known forms of domestic violence is physical abuse. It encompasses any of the acts whereby physical force is applied to harm or threaten another person. It can include hitting, slapping, pushing, kicking or inflicting any form of physical harm.
Domestic violence can be viewed even in minor cases of physical aggressions repeated or deliberate. The nature of the injury is not always the defining factor of the severity of the offense – it is the act of doing it and the motive.
Abuse and Threats Verbal.
Abusive language or the use of threats that are meant to hurt, control or intimidate another person is also domestic violence. This may include insults, humiliation, shouting or constant verbal assaults which impact on the dignity and mental health of the person.
Even threats to cause harm, be it physical, financial, or social, may also be classified as such, even though the threat may not be executed.
Emotional and Psychological Abuse.
Domestic violence can be overlooked in the form of emotional or psychological abuse. It involves conduct leading to mental distress, dread or emotional turmoil.
This can be constant criticism, manipulation, humiliation, gaslighting, friends or family isolation and controlling behavior. Such actions do not require any physical harm but may have a long-term psychological impact, and are considered under the UAE law based on facts and evidence.
Harassment and Intimidation
Harassment entails repetitive undesired actions that cause fear or discomfort. Intimidation involves behaviours or actions that aim to intimidate or dominate another individual.
This can involve having to argue out with each other, making threats, or making the victim feel unsafe or under pressure at all times.
Sexual Abuse
Sexual abuse can be defined as any non-consensual sexual action or conduct in a domestic relationship. Consent is one of the primary considerations in the UAE law and any act of forcing or coercing a partner to engage in sexual act can be regarded as a grave offense.
This covers physically as well as instances where an individual is coerced or even manipulated to engage in sexual behaviors contrary to their wishes.
Financial Abuse
Financial or economic abuse is a situation whereby an individual dominates or influences another person in their access to money or financial resources.
This can be denying access to finances, regulating income, denying an individual the right to work or to be financially dependent. Financial abuse in most instances is a means to control the victim.
Restricting the Right to Work
It is also regarded as a domestic abuse to prevent a spouse to work or earn a livelihood. These are coercing a husband or a wife to remain unemployed against his or her wishes or setting up obstacles that restrain his or her ability to earn money independently.
These measures not only influence financial stability, but also the personal freedom and dignity.
Need Criminal Defence?
Dubai's Expert Advice at Your Fingertips.
Types of Domestic Violence in UAE
- Domestic Violence Law
- UAE Penal Code (assault, threats, harassment)
- Divorce, Custody, Maintenance
Who Can File Domestic Violence Case in UAE?
The law of domestic violence in the UAE is relevant in the case of family members and individuals residing in the same house. A domestic violence case may be brought between:
- Husband and wife
- Ex-husband and ex-wife
- Parents and children
- Children and parents
- Brothers and sisters
- Relatives living in the same house
- Guardians and dependents
- Old family members in the care.
- Domestic workers (in other cases of abuse)
This implies that the family law against domestic violence does not restrict itself to the female gender. The UAE is a country where both men and women may initiate a case of domestic violence.
Family Members Covered Under Domestic Violence Law
No, a wife may not initiate a domestic violence case against her husband in UAE. When a wife experiences physical abuse, threats, harassment, financial abuse or emotional abuse, then she has the right to complain to the police and obtain legal assistance.
Can a Wife File Domestic Violence Case in UAE?
- Physically assaulting husband or being hit by husband.
- Husband threatening harm
- Husband verbally abusing at all times.
- Husband failing to provide financial support willfully.
- Salary taking or mastering finances by husband.
- Wife locked up by husband in house.
- Husband confiscating passport
- Wife being driven out of the house by her husband.
- Husband threatening children
- Husbands harassing or stalking.
- Forcible rape on the part of husband.
- Damaging property of wife by husband.
The wife may also file in such a case:
- Divorce case
- Child custody case
- Maintenance case
- Compensation claim
- Protection order
- Assault case of crime.
In the UAE family courts, divorce is usually grounded on domestic violence.
Can a Husband File Domestic Violence Case Against Wife in UAE?
Yes, a husband could also make a complaint over domestic violence against his wife in the UAE. The UAE domestic violence legislation is gender-neutral and safeguards every member of the family.
A husband can initiate a domestic violence case when he is being faced with:
- Physical assault by wife
- Abuse or threat through word.
- Harassment
- False accusations
- Property damage
- Financial abuse
- Emotional abuse
- Threats involving children
- Blackmail or intimidation
- False police complaints or defamation.
In case of serious allegations and evidences, the case can be taken forward as a criminal case.
How to File Domestic Violence Case in Dubai, UAE
A lot of individuals are asking about how to file domestic violence case in UAE. Police, public prosecution, and court are usually involved.
Step 1 – File Police Complaint
The victim shall complain at:
- Police station
- Police mobile app
- Public Prosecution
- Family Protection Center
- Women and Child Protection Department.
The complainant will be allowed to record the statement of the police and be registered with a case.
The complainant is expected to give:
- Emirates ID
- Passport copy
- Details of incident
- Evidence if available
- Medical report whether injury was incurred.
- Witness indicates whether any.
Once the complaint is lodged the accused can be called by the police to make the statement.
Step 2 – Medical Report (Very important Step)
In the event of physical violence, the victim is supposed to attend a government hospital to have a medical check-up and report of the injury. The medical report is one of the most important pieces of evidence in domestic violence cases.
The medical report will mention:
- Type of injury
- Severity of injury
- Cause of injury
- Duration of recovery
- Minor or severe injury.
Physical assault cases would be hard without a medical report unless there is any other substantial evidence.
Step 3 – Police Investigation
After the complaint and medical report, police will investigate the case. Police may:
- Record statements of both parties
- Collect WhatsApp messages and emails
- Review call recordings
- Review CCTV footage
- Take witness statements
- Pay a visit to the house when needed.
- Make efforts to reconcile minor disagreements.
- Refer case to Public Prosecution
In the event of an assault or threats of serious character, the accused may be arrested by the police.
Step 4 – Public Prosecution
Upon police investigation, the case is handed over to Public Prosecution. Public Prosecution will examine evidence and may:
- File criminal case
- Issue protection order
- Refer case to court
- Send family issues to family court.
- Attempt reconciliation
- Close case when there is no evidence.
- Give warning on minor litigation disputes.
In UAE, Public Prosecution has a significant role to play in domestic violence.
Step 5 – Court Case
In the event that a criminal case is filed by Public Prosecution, the case is presented in court. Court may issue:
- Fine
- Imprisonment
- Protection order
- Compensation to victim
- Deportation (for expatriates)
- Divorce judgment
- Child custody order
- Maintenance order
Criminal court and family court can be used simultaneously in cases of domestic violence.
Domestic Violence Punishment in UAE Law
Domestic violence is a criminal offense in the UAE and the penalty depends on the extent of violence, injury, threats, and evidence. Cases of domestic violence can be prosecuted both under domestic violence statutes and the UAE Penal Code that addresses assault, threats, harassment, or intimidation.
Types of Punishment for Domestic Violence in UAE
- Fine
- Imprisonment
- Both imprisonment and fine.
- Protection order
- Compensation to victim
- Counseling or rehabilitation programmes.
- Expulsion of expatriates (in severe instances)
Factors That Affect Punishment
- Physical injury had taken place.
- Severity of injury
- Use of weapon
- Repeated violence
- Violence against children
- Assault of expectant mother.
- Violation of protection order
- Cycles of threats to kill or grievous harm.
- Damage to property
- Harassment and intimidation
In case of a severe injury, the criminal law might accuse the offender of assault, and this could lead to a jail sentence.
Protection Orders in UAE – How to Get Restraining Order
UAE victims of domestic violence are entitled to a Protection Order (Restraining Order). A protection order is granted to ensure that the victim is not exposed to any other harm or harassment.
What Can a Protection Order Include?
A protection order issued by court or Public Prosecution may:
- Block the access of the abuser to the victim.
- Keep the abuser away to the home of the victim.
- Keep abuser away around workplace.
- Eject the abuser in the house.
- Avoid coming into contact with children.
- Order financial support
- Provide police protection
- Provide shelter assistance
- Prevent harassment through phone or messages
How to Apply for Protection Order in UAE
This typically includes:
- File a complaint in domestic violence.
- Order police or Public Prosecution to provide protection.
- The issuance of temporary protection order can be done on the spot.
- Long term protection order may be issued by court.
- Criminal case can be filed in case of violation of the order.
Breach of a protection order is a criminal offence in UAE which can result in imprisonment or fine.
Domestic Violence and Divorce in UAE
In the UAE, a legal basis to divorce is domestic violence. In case of domestic violence, the victim can request divorce and demand financial rights.
Divorce Due to Domestic Violence
In case domestic violence is established, the victim can allege:
- Divorce
- Child custody
- Child support
- Maintenance / alimony
- Compensation
- Protection order
- Travel ban under certain circumstances.
- Ejection of spouse out of house.
- Financial settlement
Child custody is another area of concern that involves domestic violence decision. The courts are concerned about the safety of children and might award the abused spouse custody.
Child Custody in Domestic Violence Cases in UAE
In the event of domestic violence, it can influence the child custody. The UAE courts take into account the safety and welfare of the child during a custody decision.
How Domestic Violence Affects Child Custody:
- Custodian to abused wife.
- Restrict visitation rights of abusive parent
- Allow supervised visitation
- Issue protection order for children
- Avoid abusive parent coming close to children.
- Order child support payments.
Custody cases are taken seriously in regards to domestic violence allegations.
False Domestic Violence Accusation in UAE – Legal Consequences
Bringing a false domestic violence charge in the UAE is a serious crime. In case an individual launches a false police complaint or false allegation knowingly, he or she can be charged.
Punishment for False Domestic Violence Case
In case the court establishes that the false case was done, the one who has filed the false case can be faced with:
- Fine
- Imprisonment
- Defamation case
- Compensation claim
- False reporting criminal case.
- Deportation (for expatriates)
UAE courts do not take false claims lightly.
What To Do If Falsely Accused
- Collect evidence
- Retain messages and call records.
- Get witness statements
- Find an attorney at once.
- Bring a case of file defamation where needed.
- Case of false complaint on file counter.
Timeline of Domestic Violence Case in UAE
A lot of individuals are keen on how long it takes to complete a domestic violence case in the UAE.
Typical Timeline:
- Police complaint: Day the same.
- Medical report: 1–2 days
- Police investigation: 1–2 weeks
- Public Prosecution: 2–4 weeks
- Court hearings: 1–3 months
- Verdict: 2-6 months (depending on case)
- Cases of divorce and custody: 3-9 months.
Timeline depends on:
- Evidence
- Severity of violence
- Criminal case filed or not.
- Whether divorce and custody case is filed
- Court schedule
- Settlement between parties
Legal Rights of Victims of Domestic Violence in UAE
There are various legal rights that the victims of domestic violence in the UAE can enjoy.
The Victims Have A Right To:
- File police complaint
- Request protection order
- Seek medical treatment
- File criminal case
- File divorce case
- Claim child custody
- Claim maintenance
- Claim compensation
- Request removal of abuser from house
- Seek shelter assistance
- Hire attorney and case in court.
To safeguard their rights in the court, victims ought to report domestic violence as soon as possible and gather evidence.
Conclusion – Domestic Violence Law in UAE
In conclusion, I would like to state that the issue of domestic violence law in the UAE has been discussed.
Domestic violence is a severe crime in UAE and may result in police cases, criminal charges, protection order, divorce, child custody, jail time, fines, and deportation. Husbands and wives are both entitled to domestic violence in the UAE and are entitled to protection orders, divorce, maintenance, compensation and child custody.
Cases of domestic violence can be related to the police, the general prosecution, the criminal court, and the family court. Medical reports, messages, recordings, and witnesses are some of the evidence that is significant in cases of domestic violence.
In case of domestic violence or when you are suspected of domestic violence in the UAE, you should always seek legal consultation to defend your rights and prevent severe legal repercussions.
Need Criminal Defence?
Dubai's Expert Advice at Your Fingertips.
Frequently Asked Questions – Domestic Violence Laws in UAE
What is considered domestic violence in UAE?
Domestic violence involves use of physical abuse, verbal abuse, threats, harassment, emotional abuse, financial abuse and sexual abuse by a family member.
What is the punishment for domestic violence in UAE?
The punishment can be fines, jail, protection orders, compensation and deportation in severe situations.
Is a wife allowed to file domestic violence case in UAE?
Yes, a wife may initiate a domestic violence action against her husband in the UAE and may also initiate a divorce action, custody and maintenance action.
Is it possible to have husband case domestic violence against wife in UAE?
Yes, law with regard to domestic violence in the UAE is gender-neutral and husbands are also allowed to initiate cases of domestic violence.
What is the evidence needed in domestic violence cases in UAE?
Evidence is commonly presented in the form of medical reports, police reports, messages, call recordings, photos, videos, CCTV footage, and witness statements.
What is the way to obtain protection order in UAE?
A protection order may be requested by police or Public Prosecution upon the filing of domestic violence complaint.
What should be done in case of false domestic violence in UAE?
In case a case of domestic violence has been established to be false, the individual who filed the false case might be fined, imprisoned or even sued.
